PHOENIX CHILDREN'S HOSP., INC. v. GRANT

No. 1 CA-SA 11-0170.

265 P.3d 417 (2011)

PHOENIX CHILDREN'S HOSPITAL, INC., Petitioner, v. The Honorable Larry GRANT, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Joseph Riddle and Lesa Riddle, husband and wife, individually, and on behalf of their minor daughter, Alesha Riddle, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department E.

November 1, 2011.


Attorney(s) appearing for the Case

Fennemore Craig, P.C. by Timothy Berg , Scott L. Altes , and Sanders & Parks, P.C. by John A. Black , Phoenix, Attorneys for Petitioner.

Snyder and Wenner, P.C. by Howard M. Snyder and Law Offices of Robert S. Murphy, LLC by Robert S. Murphy , Phoenix, Attorneys for Real Parties in Interest.

Haralson, Miller, Pitt, Feldman & McAnally, PLC by Stanley G. Feldman , Tucson, and Knapp & Roberts, P.C. by David L. Abney , Scottsdale, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Coppersmith, Schermer & Brockleman, PLC by Karen C. Owens , Scott M. Bennett , Phoenix, Attorneys for Amicus Curiae Arizona Hospital and Healthcare Association.

Snell & Wilmer, LLP by Barry D. Halpern , Paul Giancola , Sara J. Agne , Phoenix, Attorneys for Amicus Curiae Arizona Medical Association and Mayo Clinic Arizona.

Jones, Skelton & Hochuli, PLC by William R. Jones, Jr. , Lori L. Voepel , Phoenix, Attorneys for Amici Curiae Mutual Insurance Company Of Arizona and Scottsdale Healthcare Hospitals.

Campbell, Yost, Clare & Norell, PC by Kari B. Zangerle , Troy D. Roberts , Phoenix, Attorneys for Amici Curiae Tucson Medical Center and Catholic Healthcare West.


OPINION

IRVINE, Presiding Judge.

¶ 1 In Duquette v. Superior Court, 161 Ariz. 269, 778 P.2d 634 (App.1989), this Court held that defense counsel in a medical malpractice action may not engage in ex parte communications with a plaintiff's treating physicians without the plaintiff's consent. This special action asks us to decide if the ruling in Duquette bars communications...

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